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Planning and Regeneration
Last updated: 19/1/2012
Expires: 17/1/2013
From 1 July 2010, it will no longer be possible for the Council to provide 'free' informal written advice as to whether or not planning permission is required for developments, including for extensions to dwellings and development within domestic gardens.
If confirmation is required from the Council regarding such proposed developments it will be necessary to submit a formal application under Section 192 of the Town and Country Planning Act 1990 (as amended), for a Certificate of Lawfulness of Proposed Development.
A Certificate of Lawfulness for Proposed Development is a formal application that attracts a fee; which will be half the amount that would be payable in respect of an application for planning permission to carry out the development. You will need to complete an application form and submit this together with 3 sets of plans (drawn to scale), including a site location plan with the site outlined in red and existing and proposed elevation and floor plans of the property. Application forms can be obtained from the Planning Portal or you can call our Contact Centre team on 01785 619337 who can send a form to you.
The General Permitted Development Order 2008 came into force 1 October 2008. For further information on permitted development visit Permitted Development Interactive House Guide and Permitted Development for Householders Explained
Schedule 2 of the GPDO (Statutory Instrument 418 1995)(Amended)(No2)(England) Order 2008, specifies the different types of permitted development rights and the various limitations which apply. The current schedule is divided into parts. Each part relates to a particular category of development. Permitted Development rights are generally more restrictive within conservation areas and Areas of Outstanding Natural Beauty (AONB), such as Cannock Chase. The Planning Portal website has more information/guidance on permitted development rights.
Local Planning Authorities have the power to withdraw permitted development rights in addition to the restrictions as set out in the GPDO. These are known as Article 3 and Article 4 Directions.
Article 3 Directions may involve greater planning restrictions such as enclosing gardens within open-plan housing estates and creating new access points on classified/trunk roads. It may also be in the form of a planning condition that are given as part of planning permission. However, it is mindful that restrictions such as restricting enclosure of open-plan gardens can be covered by other non-planning legislation such as 'covenants'. It is advisable that you check conditions and directions by requesting an Authority Search carried out by the Local Land Charges Section.
Article 4 Directions Stafford Borough has two designated Article 4 Directions that take away permitted development rights within conservation areas. Such restrictions include the painting of unpainted walls, removal of chimney stacks, removal of timber walls and windows. As with listed buildings, like for like repairs are usually permitted.
Currently, there are two Article 4 Directions designated within Stafford Borough:
